Executive Order 13286 of February 28, 2003

Amendment of Executive Orders, and Other Actions,
in Connection With the Transfer of Certain Functions to
the Secretary of Homeland Security

By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including the Homeland Security Act of 2002
(Public Law 107-296) and section 301 of title 3, United
States Code, and in order to reflect the transfer of
certain functions to, and other responsibilities vested
in, the Secretary of Homeland Security, the transfer of
certain agencies and agency components to the
Department of Homeland Security, and the delegation of
appropriate responsibilities to the Secretary of
Homeland Security, it is hereby ordered as follows:

Section 1. Executive Order 13276 of November 15, 2002
(``Delegation of Responsibilities Concerning
Undocumented Aliens Interdicted or Intercepted in the
Caribbean Region''), is amended by:

Sec. 2. Executive Order 13274 of September 18, 2002
(``Environmental Stewardship and Transportation
Infrastructure Project Reviews''), is amended by
inserting ``Secretary of Homeland Security,'' after
``Secretary of Defense,'' in section 3(b).

Sec. 3. Executive Order 13271 of July 9, 2002
(``Establishment of the Corporate Fraud Task Force''),
is amended by:

(a) inserting ``(b) the Secretary of Homeland
Security;'' after ``(a) the Secretary of the
Treasury;'' in section 4; and

Sec. 6. Executive Order 13254 of January 29, 2002
(``Establishing the USA Freedom Corps''), is amended by
striking ``Director of the Federal Emergency Management
Agency;'' in section 3(b)(viii) and inserting
``Secretary of Homeland Security;'' in lieu thereof.

Sec. 7. Executive Order 13231 of October 16, 2001
(``Critical Infrastructure Protection in the
Information Age''), as amended, is further amended to
read in its entirety as follows:

``Critical Infrastructure Protection in the Information
Age

By the authority vested in me as President by the
Constitution and the laws of the United States of
America, and in order to ensure protection of
information systems for critical infrastructure,
including emergency preparedness communications and the
physical assets that support such systems, in the
information age, it is hereby ordered as follows:

Section 1. Policy. The information technology
revolution has changed the way business is transacted,
government operates, and national defense is conducted.
Those three functions now depend on an interdependent
network of critical information infrastructures. It is
the policy of the United States to protect against
disruption of the operation of information systems for
critical infrastructure and thereby help to protect the
people, economy, essential human and government
services, and national security of the United States,
and to ensure that any disruptions that occur are
infrequent, of minimal duration, and manageable, and
cause the least damage possible. The implementation of
this policy shall include a voluntary public-private
partnership, involving corporate and nongovernmental
organizations.

Sec. 2. Continuing Authorities. This order does not
alter the existing authorities or roles of United
States Government departments and agencies. Authorities
set forth in 44 U.S.C. chapter 35, and other applicable
law, provide senior officials with responsibility for
the security of Federal Government information systems.

(a) Executive Branch Information Systems Security.
The Director of the Office of Management and Budget
(OMB) has the responsibility to develop and oversee the
implementation of government-wide policies, principles,
standards, and guidelines for the security of
information systems that support the executive branch
departments and agencies, except those noted in section
2(b) of this order. The Director of OMB shall advise
the President and the appropriate department or agency
head when there is a critical deficiency in the
security practices within the purview of this section
in an executive branch department or agency.

(b) National Security Information Systems. The
Secretary of Defense and the Director of Central
Intelligence (DCI) shall have responsibility to
oversee, develop, and ensure implementation of
policies, principles, standards, and guidelines for the
security of information systems that support the
operations under their respective control. In
consultation with the Assistant to the President for
National Security Affairs and the affected departments
and agencies, the Secretary of Defense and the DCI
shall develop policies, principles, standards, and
guidelines for the security of national security
information systems that support the operations of
other executive branch departments and agencies with
national security information.

(i) Policies, principles, standards, and guidelines developed under this
subsection may require more stringent protection than those developed in
accordance with section 2(a) of this order.

(ii) The Assistant to the President for National Security Affairs shall
advise the President and the appropriate department or agency when there is
a critical deficiency in the security practices of a department or agency
within the purview of this section.

(iii) National Security Systems. The National Security Telecommunications
and Information Systems Security Committee, as established by
and consistent with NSD-42 and chaired by the Department of Defense, shall
be designated as the ``Committee on National Security Systems.''

(c) Additional Responsibilities. The heads of
executive branch departments and agencies are
responsible and accountable for providing and
maintaining adequate levels of security for information
systems, including emergency preparedness
communications systems, for programs under their
control. Heads of such departments and agencies shall
ensure the development and, within available
appropriations, funding of programs that adequately
address these mission systems, especially those
critical systems that support the national security and
other essential government programs. Additionally,
security should enable, and not unnecessarily impede,
department and agency business operations.

Sec. 3. The National Infrastructure Advisory Council.
The National Infrastructure Advisory Council (NIAC),
established on October 16, 2001, shall provide the
President through the Secretary of Homeland Security
with advice on the security of information systems for
critical infrastructure supporting other sectors of the
economy: banking and finance, transportation, energy,
manufacturing, and emergency government services.

(a) Membership. The NIAC shall be composed of not
more than 30 members appointed by the President. The
members of the NIAC shall be selected from the private
sector, academia, and State and local government.
Members of the NIAC shall have expertise relevant to
the functions of the NIAC and generally shall be
selected from industry Chief Executive Officers (and
equivalently ranked leaders of other organizations)
with responsibilities for security of information
infrastructure supporting the critical sectors of the
economy, including banking and finance, transportation,
energy, communications, and emergency government
services. Members shall not be full-time officials or
employees of the executive branch of the Federal
Government. The President shall designate a Chair and
Vice Chair from among the members of the NIAC.

(b) Functions of the NIAC. The NIAC will meet
periodically to:

(i) enhance the partnership of the public and private sectors in
protecting information systems for critical infrastructures and provide
reports on this issue to the Secretary of Homeland Security, as
appropriate;

(iii) monitor the development of private sector Information Sharing and
Analysis Centers (ISACs) and provide recommendations to the President
through the Secretary of Homeland Security on how these organizations can
best foster improved cooperation among the ISACs, the Department of
Homeland Security, and other Federal Government entities;

(iv) report to the President through the Secretary of Homeland Security,
who shall ensure appropriate coordination with the Assistant to the
President for Homeland Security, the Assistant to the President for
Economic Policy, and the Assistant to the President for National Security
Affairs under the terms of this order; and

(v) advise lead agencies with critical infrastructure responsibilities,
sector coordinators, the Department of Homeland Security, and the ISACs.

(c) Administration of the NIAC.

(i) The NIAC may hold hearings, conduct inquiries, and establish
subcommittees, as appropriate.

(ii) Upon request of the Chair, and to the extent permitted by law, the
heads of the executive departments and agencies shall provide the NIAC with
information and advice relating to its functions.

(iii) Senior Federal Government officials may participate in the meetings
of the NIAC, as appropriate.

(iv) Members shall serve without compensation for their work on the NIAC.
However, members may be reimbursed for travel expenses, including per diem
in lieu of subsistence, as authorized by law for persons serving
intermittently in Federal Government service (5 U.S.C. 5701-5707).

(v) To the extent permitted by law and subject to the availability of
appropriations, the Department of Homeland Security shall provide the NIAC
with administrative services, staff, and other support services, and such
funds as may be necessary for the performance of the NIAC's functions.

(d) General Provisions.

(i) Insofar as the Federal Advisory Committee Act, as amended (5 U.S.C.
App.) (Act), may apply to the NIAC, the functions of the President under
that Act, except that of reporting to the Congress, shall be performed by
the Department of Homeland Security in accordance with the guidelines and
procedures established by the Administrator of General Services.

(ii) The NIAC shall terminate on October 15, 2003, unless extended by the
President.

(iii) Executive Order 13130 of July 14, 1999, was revoked on October 16,
2001.

(iv) Nothing in this order shall supersede any requirement made by or
under law.

Sec. 4. Judicial Review. This order does not create any
right or benefit, substantive or procedural,
enforceable at law or in equity, against the United
States, its depart ments, agencies, or other entities,
its officers or employees, or any other person.''

Sec. 8. Executive Order 13228 of October 8, 2001
(``Establishing the Office of Homeland Security and the
Homeland Security Council''), as amended, is further
amended by:

(a) amending section 3(g) to read ``(g) Incident
Management. Consistent with applicable law, including
the statutory functions of the Secretary of Homeland
Security, the Assistant to the President for Homeland
Security shall be the official primarily responsible
for advising and assisting the President in the
coordination of domestic incident management activities
of all departments and agencies in the event of a
terrorist threat, and during and in the aftermath of
terrorist attacks, major disasters, or other
emergencies, within the United States. Generally, the
Assistant to the President for Homeland Security shall
serve as the principal point of contact for and to the
President with respect to the coordination of such
activities. The Assistant to the President for Homeland
Security shall coordinate with the Assistant to the
President for National Security Affairs, as
appropriate.''; and

(b) inserting ``, including the Department of
Homeland Security'' after ``Government departments and
agencies'' in section 7.

Sec. 9. Executive Order 13223 of September 14, 2001
(``Ordering the Ready Reserve of the Armed Forces to
Active Duty and Delegating Certain Authorities to the
Secretary of Defense and the Secretary of
Transportation''), as amended, is further amended by:

(a) striking ``the Secretary of Transportation'' in
the title and wherever it appears in sections 1, 5, 6,
and 7, and inserting ``the Secretary of Homeland
Security'' in lieu thereof; and

Sec. 10. Executive Order 13212 of May 18, 2001
(``Actions to Expedite Energy-Related Projects''), is
amended by inserting ``Homeland Security,'' after
``Veterans Affairs,'' in section 3.

Sec. 11. Executive Order 13165 of August 9, 2000
(``Creation of the White House Task Force on Drug Use
in Sports and Authorization for the Director of the
Office of National Drug Control Policy to Serve as the
United States
Government's Representative on the Board of the World
Anti-Doping Agency''), is amended by inserting ``the
Department of Homeland Security,'' after ``the
Department of Transportation,'' in section 2.

Sec. 12. Executive Order 13154 of May 3, 2000
(``Establishing the Kosovo Campaign Medal''), is
amended by striking ``the Secretary of Transportation''
in section 1 and inserting ``the Secretary of Homeland
Security'' in lieu thereof.

Sec. 13. Executive Order 13133 of August 5, 1999
(``Working Group on Unlawful Conduct on the
Internet''), is amended by:

(a) inserting ``(6) The Secretary of Homeland
Security.'' after ``(5) The Secretary of Education.''
in section 3(a); and

Sec. 14. Executive Order 13120 of April 27, 1999
(``Ordering the Selected Reserve and Certain Individual
Ready Reserve Members of the Armed Forces to Active
Duty''), is amended by striking ``the Secretary of
Transportation'' and inserting ``the Secretary of
Homeland Security'' in lieu thereof.

Sec. 15. Executive Order 13112 of February 3, 1999
(``Invasive Species''), is amended by inserting ``the
Secretary of Homeland Security,'' after ``Secretary of
Transportation,'' in section 3(a).

Sec. 16. Executive Order 13100 of August 25, 1998
(``President's Council on Food Safety''), is amended by
inserting ``and Homeland Security,'' after ``Health and
Human Services,'' in section 1(a).

Sec. 17. Executive Order 13076 of February 24, 1998
(``Ordering the Selected Reserve of the Armed Forces to
Active Duty''), is amended by striking ``the Secretary
of Transportation'' and inserting ``the Secretary of
Homeland Security'' in lieu thereof.

Sec. 18. Executive Order 13011 of July 16, 1996
(``Federal Information Technology''), as amended, is
further amended by:

Sec. 20. Executive Order 12985 of January 11, 1996
(``Establishing the Armed Forces Service Medal''), is
amended by striking ``the Secretary of Transportation''
in section 2 and inserting ``the Secretary of Homeland
Security'' in lieu thereof.

Sec. 21. Executive Order 12982 of December 8, 1995
(``Ordering the Selected Reserve of the Armed Forces to
Active Duty''), is amended by striking ``the Secretary
of Transportation'' and inserting ``the Secretary of
Homeland Security'' in lieu thereof.

Sec. 22. Executive Order 12978 of October 21, 1995
(``Blocking Assets and Prohibiting Transactions with
Significant Narcotics Traffickers''), is amended by
inserting ``, the Secretary of Homeland Security,''
after ``the Attorney General'' wherever it appears in
sections 1 and 4.

Sec. 28. Executive Order 12830 of January 9, 1993
(``Establishing the Military Outstanding Volunteer
Service Medal''), is amended by striking ``the
Secretary of Transportation'' wherever it appears and
inserting ``the Secretary of Homeland Security'' in
lieu thereof.

Sec. 29. Executive Order 12824 of December 7, 1992
(``Establishing the Transportation Distinguished
Service Medal''), is amended by:

(a) striking ``Transportation'' in the title and
inserting ``Homeland Security'' in lieu thereof; and

Sec. 30. Executive Order 12807 of May 24, 1992
(``Interdiction of Illegal Aliens''), is amended by
striking ``the Attorney General'' in section 2(c)(3)
and inserting ``the Secretary of Homeland Security'' in
lieu thereof.

Sec. 31. Executive Order 12793 of March 20, 1992
(``Continuing the Presidential Service Certificate and
Presidential Service Badge''), is amended by striking
``the Secretary of Transportation'' in section 1 and
inserting ``the Secretary of Homeland Security'' in
lieu thereof.

Sec. 32. Executive Order 12789 of February 10, 1992
(``Delegation of Reporting Functions Under the
Immigration Reform and Control Act of 1986''), is
amended by striking ``The Attorney General'' in section
1 and inserting ``The Secretary of Homeland Security''
in lieu thereof.

Sec. 34. Executive Order 12777 of October 18, 1991
(``Implementation of Section 311 of the Federal Water
Pollution Control Act of October 18, 1972, as Amended,
and the Oil Pollution Act of 1990''), is amended by:

(a) inserting ``and the Secretary of the Department
in which the Coast Guard is operating'' after ``the
Secretary of Transportation'' in sections 2(b)(2) and
2(d)(2);

(b) striking ``the Secretary of Transportation'' in
section 2(e)(2) and wherever it appears in sections 5
and 8 and inserting ``the Secretary of the Department
in which the Coast Guard is operating'' in lieu
thereof; and

(c) inserting ``the Secretary of the Department in
which the Coast Guard is operating,'' after
``Agriculture,'' in section 10(c).

Sec. 35. Executive Order 12743 of January 18, 1991
(``Ordering the Ready Reserve of the Armed Forces to
Active Duty''), is amended by:

(a) striking ``the Department of Transportation''
in section 1 and inserting ``the Department of Homeland
Security'' in lieu thereof; and

Sec. 37. Executive Order 12733 of November 13, 1990
(``Authorizing the Extension of the Period of Active
Duty of Personnel of the Selected Reserve of the Armed
Forces''), is amended by striking ``the Secretary of
Transportation'' and inserting ``the Secretary of
Homeland Security'' in lieu thereof.

Sec. 38. Executive Order 12728 of August 22, 1990
(``Delegating the President's Authority to Suspend any
Provision of Law Relating to the Promotion, Retirement,
or Separation of Members of the Armed Forces''), is
amended by striking ``the Secretary of Transportation''
in sections 1 and 2 and inserting ``the Secretary of
Homeland Security'' in lieu thereof.

Sec. 39. Executive Order 12727 of August 27, 1990
(``Ordering the Selected Reserve of the Armed Forces to
Active Duty''), is amended by striking ``the Secretary
of Transportation'' in section 1 and inserting ``the
Secretary of Homeland Security'' in lieu thereof.

Sec. 40. Executive Order 12699 (``Seismic Safety of
Federal and Federally Assisted or Regulated New
Building Construction''), is amended by:

(c) striking ``consistent with current National
Security Council guidelines and policies'' in section
201(15) and inserting ``consistent with current
Presidential guidelines and policies'' in lieu thereof;

(i) striking ``Federal Emergency Management
Agency'' in the title of Part 17 and inserting
``Department of Homeland Security'' in lieu thereof.

Without prejudice to subsections (a) through (i) of
this section, all responsibilities assigned to specific
Federal officials pursuant to Executive Order 12656
that are substantially the same as any responsibility
assigned to, or function transferred to, the Secretary
of Homeland Security pursuant to the Homeland Security
Act of 2002 (regardless of whether such responsibility
or function is expressly required to be carried out
through another official of the Department of Homeland
Security or not pursuant to such Act), or intended or
required to be carried out by an agency or an agency
component transferred to the Department of Homeland
Security pursuant to such Act, are hereby reassigned to
the Secretary of Homeland Security.

Sec. 43. Executive Order 12580 of January 23, 1987
(``Superfund Implementation''), as amended, is further
amended by:

(a) inserting ``Department of Homeland Security,''
after Department of Energy,'' in section 1(a)(2); and

(h) adding at the end of section 3(d) the following
new paragraph: ``(3) Nothing in this order shall be
construed to impair or otherwise affect the
authority of the Secretary of Defense with respect to
the Department of Defense, including the chain of
command for the armed forces of the United States under
section 162(b) of title 10, United States Code, and the
authority of the Secretary of Defense with respect to
the Department of Defense under section 113(b) of that
title.''.

Sec. 47. Executive Order 12382 of September 13, 1982
(``President's National Security Telecommunications
Advisory Committee''), as amended, is further amended
by:

(a) inserting ``through the Secretary of Homeland
Security,'' after ``the President,'' in sections 2(a)
and 2(b);

(b) striking ``and to the Secretary of Defense'' in
section 2(e) and inserting ``, through the Secretary of
Homeland Security,'' in lieu thereof; and

Sec. 54. Executive Order 12002 of July 7, 1977
(``Administration of Export Controls''), as amended, is
further amended by inserting ``, the Secretary of
Homeland Security,'' after ``The Secretary of Energy''
in section 3.

Sec. 55. Executive Order 11965 of January 19, 1977
(``Establishing the Humanitarian Service Medal''), is
amended by striking ``the Secretary of Transportation''
wherever it appears in sections 1, 2, and 4, and
inserting ``the Secretary of Homeland Security'' in
lieu thereof.

Sec. 56. Executive Order 11926 of July 19, 1976 (``The
Vice Presidential Service Badge''), is amended by
striking ``the Secretary of Transportation'' in section
2 and inserting ``the Secretary of Homeland Security''
in lieu thereof.

Sec. 57. Executive Order 11858 of May 7, 1975
(``Foreign Investment in the United States''), as
amended, is further amended by:

(a) inserting ``(8) The Secretary of Homeland
Security.'' after ``(7) The Attorney General.'' in
section 1(a); and

(b) redesignating subsection (8) as subsection (9)
in section 1(a).

Sec. 58. Executive Order 11800 of August 17, 1974
(``Delegating Certain Authority Vested in the President
by the Aviation Career Incentive Act of 1974''), as
amended, is further amended by striking ``the Secretary
of Transportation'' in section 1 and inserting ``the
Secretary of Homeland Security'' in lieu thereof.

Sec. 59. Executive Order 11645 of February 8, 1972
(``Authority of the Secretary of Transportation to
Prescribe Certain Regulations Relating to Coast Guard
Housing''), is amended by striking ``the Secretary of
Transportation'' in the title and in sections 1 and 2
and inserting ``the Secretary of Homeland Security'' in
lieu thereof.

Sec. 60. Executive Order 11623 of October 12, 1971
(``Delegating to the Director of Selective Service
Authority to Issue Rules and Regulations under the
Military Selective Service Act''), as amended, is
further amended by:

(a) striking ``the Secretary of Transportation'' in
section 2(a) and inserting ``the Secretary of Homeland
Security'' in lieu thereof; and

Sec. 61. Executive Order 11448 of January 16, 1969
(``Establishing the Meritorious Service Medal''), as
amended, is further amended by striking ``the Secretary
of Transportation'' in section 1 and inserting ``the
Secretary of Homeland Security'' in lieu thereof.

Sec. 62. Executive Order 11446 of January 16, 1969
(``Authorizing the Acceptance of Service Medals and
Ribbons from Multilateral Organizations Other Than the
United Nations''), is amended by striking ``the
Secretary of Transportation'' and inserting ``the
Secretary of Homeland Security'' in lieu thereof.

Sec. 63. Executive Order 11438 of December 3, 1968
(``Prescribing Procedures Governing Interdepartmental
Cash Awards to the Members of the Armed Forces''), as
amended, is further amended by:

(a) striking ``the Secretary of Transportation'' in
sections 1 and 2 and inserting ``the Secretary of
Homeland Security'' in lieu thereof; and

Sec. 64. Executive Order 11366 of August 4, 1967
(``Assigning Authority to Order Certain Persons in the
Ready Reserve to Active Duty''), is amended by striking
``The Secretary of Transportation'' in sections 2 and
3(b) and inserting ``The Secretary of Homeland
Security'' in lieu thereof.

Sec. 65. Executive Order 11239 of July 31, 1965
(``Enforcement of the Convention for Safety of Life at
Sea, 1960''), as amended, is further amended,
without prejudice to section 1-106 of Executive Order
12234 of September 3, 1980 (``Enforcement of the
Convention for the Safety of Life at Sea''), by:

(a) striking ``the Secretary of Transportation'' in
sections 1, 3, and 4, and inserting ``the Secretary of
Homeland Security'' in lieu thereof; and

Sec. 66. Executive Order 11231 of July 8, 1965
(``Establishing the Vietnam Service Medal''), as
amended, is further amended by striking ``the Secretary
of Transportation'' in section 1 and inserting ``the
Secretary of Homeland Security'' in lieu thereof.

Sec. 67. Executive Order 11190 of December 29, 1964
(``Providing for the Screening of the Ready Reserve of
the Armed Forces''), as amended, is further amended by
striking ``the Secretary of Transportation'' in section
1 and inserting ``the Secretary of Homeland Security''
in lieu thereof.

Sec. 68. Executive Order 11139 of January 7, 1964
(``Authorizing Acceptance of the United Nations Medal
and Service Ribbon''), is amended by striking ``the
Secretary of the Treasury'' and inserting ``the
Secretary of Homeland Security'' in lieu thereof.

Sec. 69. Executive Order 11079 of January 25, 1963
(``Providing for the Prescribing of Regulations under
which Members of the Armed Forces and Others May Accept
Fellowships, Scholarships or Grants''), as amended, is
further amended by striking ``the Secretary of
Transportation'' and inserting ``the Secretary of
Homeland Security'' in lieu thereof.

Sec. 70. Executive Order 11046 of August 24, 1962
(``Authorizing Award of the Bronze Star Medal''), as
amended, is further amended by striking ``the Secretary
of Transportation'' in section 1 and inserting ``the
Secretary of Homeland Security'' in lieu thereof.

Sec. 71. Executive Order 11016 of April 25, 1962
(``Authorizing Award of the Purple Heart''), as
amended, is further amended by striking ``the Secretary
of Transportation'' in sections 1 and 2 and inserting
``the Secretary of Homeland Security'' in lieu thereof.

Sec. 72. Executive Order 10977 of December 4, 1961
(``Establishing the Armed Forces Expeditionary
Medal''), as amended, is further amended by striking
``the Secretary of Transportation'' in section 2 and
inserting ``the Secretary of Homeland Security'' in
lieu thereof.

Sec. 73. Executive Order 10789 of November 14, 1958
(``Authorizing Agencies of the Government To Exercise
Certain Contracting Authority in Connection With
National-Defense Functions and Prescribing Regulations
Governing the Exercise of Such Authority''), as
amended, is further amended by:

25. After March 1, 2003, no executive department or
agency shall exercise authority granted under paragraph
1A of this order with respect to any matter that has
been, or could be, designated by the Secretary of
Homeland Security as a qualified anti-terrorism
technology as defined in section 865 of the Homeland
Security Act of 2002, unless--

(a) in the case of the Department of Defense, the
Secretary of Defense has, after consideration of the
authority provided under subtitle G of title VIII of
the Homeland Security Act of 2002, determined that the
exercise of authority under this order is necessary for
the timely and effective conduct of United States
military or intelligence activities; and

(b) in the case of any other executive department
or agency that has authority under this order, (i) the
Secretary of Homeland Security has advised whether the
use of the authority provided under subtitle G of title
VIII
of the Homeland Security Act of 2002 would be
appropriate, and (ii) the Director of the Office and
Management and Budget has approved the exercise of
authority under this order.''.

Sec. 74. Executive Order 10694 of January 10, 1957
(``Authorizing the Secretaries of the Army, Navy, and
Air Force to Issue Citations in the Name of the
President of the United States to Military and Naval
Units for Outstanding Performance in Action''), is
amended by adding at the end thereof the following new
section: ``5. The Secretary of the Department in which
the Coast Guard is operating may exercise the same
authority with respect to the Coast Guard under this
order as the Secretary of the Navy may exercise with
respect to the Navy and the Marine Corps under this
order.''.

Sec. 75. Executive Order 10637 of September 16, 1955
(``Delegating to the Secretary of the Treasury Certain
Functions of the President Relating to the United
States Coast Guard''), is amended by:

(a) striking ``The Secretary of the Treasury'' in
sections 1 and 2 and inserting ``The Secretary of
Homeland Security'' in lieu thereof;

(b) striking ``the Secretary of the Treasury'' in
the title and in subsections 1(j), 1(k), and 5, and
inserting ``the Secretary of Homeland Security'' in
lieu thereof; and

Sec. 76. Executive Order 10631 of August 17, 1955
(``Code of Conduct for Members of the Armed Forces of
the United States''), as amended, is further amended
by: striking ``the Secretary of Transportation'' and
inserting ``the Secretary of Homeland Security'' in
lieu thereof.

Sec. 77. Executive Order 10554 of August 18, 1954
(``Delegating the Authority of the President to
Prescribe Regulations Authorizing Occasions Upon Which
the Uniform May Be Worn by Persons Who Have Served
Honorably in the Armed Forces in Time of War''), is
amended by striking ``the Secretary of the Treasury''
and inserting ``the Secretary of Homeland Security'' in
lieu thereof.

Sec. 78. Executive Order 10499 of November 4, 1953
(``Delegating Functions Conferred Upon the President by
Section 8 of the Uniformed Services Contingency Option
Act of 1953''), as amended, is further amended by
striking ``the Treasury'' in sections 1 and 2 and
inserting ``Homeland Security'' in lieu thereof.

Sec. 79. Executive Order 10448 of April 22, 1953
(``Authorizing the National Defense Medal''), as
amended, is further amended by striking ``the Secretary
of Transportation'' in sections 1 and 2 and inserting
``the Secretary of Homeland Security'' in lieu thereof.

Sec. 80. Executive Order 10271 of July 7, 1951
(``Delegating the Authority of the President to Order
Members and Units of Reserve Components of the Armed
Forces into Active Federal service''), is amended by
striking ``the Secretary of the Treasury'' and
inserting ``the Secretary of Homeland Security'' in
lieu thereof.

Sec. 81. Executive Order 10179 of November 8, 1950
(``Establishing the Korean Service Medal''), as
amended, is further amended by striking ``the Secretary
of the Treasury'' in sections 1 and 2 and inserting
``the Secretary of Homeland Security'' in lieu thereof.

Sec. 82. Executive Order 10163 of September 25, 1950
(``The Armed Forces Reserve Medal''), as amended, is
further amended by striking ``the Secretary of the
Treasury'' in sections 2 and 7 and inserting ``the
Secretary of Homeland Security'' in lieu thereof.

Sec. 83. Executive Order 10113 of February 24, 1950
(``Delegating the Authority of the President to
Prescribe Clothing Allowances, and Cash Allowances in
lieu thereof, for Enlisted Men in the Armed Forces''),
as amended, is further amended by striking ``the
Secretary of the Treasury'' in sections 1 and 2 and
inserting ``the Secretary of Homeland Security'' in
lieu thereof.

Sec. 84. Executive Order 4601 of March 1, 1927
(``Distinguished Flying Cross''), as amended, is
further amended by:
(a) striking ``The Secretary of War, the Secretary
of the Navy,'' in sections 2 and 12 and inserting ``The
Secretary of Defense'' in lieu thereof; and
(b) striking ``the Secretary of the Treasury'' in
sections 2 and 12 and inserting ``the Secretary of
Homeland Security'' in lieu thereof.

Sec. 85. Designation as a Defense Agency of the United
States.
I hereby designate the Department of Homeland
Security as a defense agency of the United States for
the purposes of chapter 17 of title 35 of the United
States Code.

Sec. 86. Exception from the Provisions of the
Government Employees Training Act.
Those elements of the Department of Homeland
Security that are supervised by the Under Secretary of
Homeland Security for Information Analysis and
Infrastructure Protection through the Department's
Assistant Secretary for Information Analysis are,
pursuant to section 4102(b)(1) of title 5, United
States Code, and in the public interest, excepted from
the following provisions of the Government Employees
Training Act as codified in title 5: sections
4103(a)(1), 4108, 4115, 4117, and 4118, and that part
of 4109(a) that provides ``under the regulations
prescribed under section 4118(a)(8) of this title
and''.

Sec. 87. Functions of Certain Officials in the Coast
Guard.
The Commandant and the Assistant Commandant for
Intelligence of the Coast Guard each shall be
considered a ``Senior Official of the Intelligence
Community'' for purposes of Executive Order 12333 of
December 4, 1981, and all other relevant authorities.

Sec. 88. Order of Succession.
Subject to the provisions of subsection (b) of this
section, the officers named in subsection (a) of this
section, in the order listed, shall act as, and perform
the functions and duties of, the office of Secretary of
Homeland Security (``Secretary'') during any period in
which the Secretary has died, resigned, or otherwise
become unable to perform the functions and duties of
the office of Secretary.

(a) Order of Succession.

(i) Deputy Secretary of Homeland Security;

(ii) Under Secretary for Border and Transportation Security;

(iii) Under Secretary for Emergency Preparedness and Response;

(iv) Under Secretary for Information Analysis and Infrastructure
Protection;

(v) Under Secretary for Management;

(vi) Under Secretary for Science and Technology;

(vii) General Counsel; and

(viii) Assistant Secretaries in the Department in the order of their date
of appointment as such.

(b) Exceptions.

(i) No individual who is serving in an office listed in subsection (a) in
an acting capacity shall act as Secretary pursuant to this section.

(ii) Notwithstanding the provisions of this section, the President
retains discretion, to the extent permitted by the Federal Vacancies Reform
Act of 1998, 5 U.S.C. 3345 et seq., to depart from this order in
designating an acting Secretary.

Sec. 89. Savings Provision.
Except as otherwise specifically provided above or in
Executive Order 13284 of January 23, 2003 (``Amendment
of Executive Orders, and Other Actions, in Connection
With the Establishment of the Department of Homeland
Security''), references in any prior Executive Order
relating to an agency or
an agency component that is transferred to the
Department of Homeland Security (``the Department''),
or relating to a function that is transferred to the
Secretary of Homeland Security, shall be deemed to
refer, as appropriate, to the Department or its
officers, employees, agents, organizational units, or
functions.

Sec. 90. Nothing in this order shall be construed to
impair or otherwise affect the authority of the
Secretary of Defense with respect to the Department of
Defense, including the chain of command for the armed
forces of the United States under section 162(b) of
title 10, United States Code, and the authority of the
Secretary of Defense with respect to the Department of
Defense under section 113(b) of that title.

Sec. 91. Nothing in this order shall be construed to
limit or restrict the authorities of the Central
Intelligence Agency and the Director of Central
Intelligence pursuant to the National Security Act of
1947 and the CIA Act of 1949.

Sec. 92. This order shall become effective on March 1,
2003.

Sec. 93. This order does not create any right or
benefit, substantive or procedural, enforceable at law
or in equity, against the United States, its
departments, agencies, or other entities, its officers
or employees, or any other person.